So it is Constitutional?
It appears so. It certainly did not create the Montesquieu division of powers that supposedly is the basis of the system. There is check and balance, but it is not simple and direct. It might take the states to get involved, as, for example, 2nd Amendment issues, abortion, and property rights since Kelo, or the people themselves, as in the settling of the West from Kentucky to California. The FedGov is not self-sufficient in that respect.